Terms for Use

1. Scope

Any use of this website provided by DQS Management Systems Solutions (HK) Limited (“DQS-HK” or “DQS HK”) and the customer portal MyDQS.HK (“MyDQS.HK”) is subject to these terms of use. Please read the following terms carefully before the use. Revisions to these terms may be made by DQS-HK at any time without prior notification. Please visit this page again before calling up the website. By logging in to the customer portal MyDQS.HK or by registering in the User Center and thereby accessing or using the DQS-HK website, these terms of use are accepted in their then current version.

DQS-HK is a subsidiary of DQS Holding GmbH, whose name shown in Chinese is a translated name rather than a registered organizational name. DQS Academy and its translated name in Chinese is DQS’s internal business unit name rather than a registered organizational name in HK.

At present, this website has not extended its service scope to customers or visitors involving personal data of EU citizen, considering the constraints from EU regulations on personal data. If personal identification information of an EU citizen is registered at this website or DQS-HK by incident, please remove it by yourself or inform us to remove it.

2. Services
2.1

On its website, in MyDQS.HK and in the User Center, DQS-HK makes available specific information, data files, and documents for viewing or downloading.

2.2

DQS-HK may stop the operation of its website, the User Center or MyDQS.HK in full or in part at any time without prior notification. Due to the nature of the Internet and computer systems, DQS-HK cannot accept any liability for the continuous availability of the DQS-HK website or MyDQS.HK.

3. Registration, password
3.1

The pages of MyDQS.HK and the User Center are password protected. In the interest of safety and security of the business transactions, only registered users may access said pages. Access to MyDQS.HK is only granted by DQS-HK. The User Center and news subscription are designated for the visitors in the Greater China with existing or proposed business relation with DQS-HK. DQS-HK reserves the right to deny or cancel registration or subscription to any user without cause. DQS-HK particularly reserves the right to determine certain sites, which were previously freely accessible, subject to registration. DQS-HK is entitled, at any time and without obligation to give reasons, to deny or cease the user the registration, subscription, or right to access the protected area by blocking its user data (as defined below), in particular if the user:
used false data for the purpose of registration;
didn’t further complete profile with true individual name and organization name;
violates these terms of use or neglects its duty of care with regard to user data;
violates any applicable laws in the access to or use of the DQS-HK website; or
did not use MyDQS.HK for a longer period, or
has terminated contractual relationship with DQS-HK or any of its affiliated companies (applies only to MyDQS.HK).

It’s not guaranteed that all users subscribing to News will receive news posted by DQS-HK.

3.2

The user of MyDQS.HK and the User Center shall give accurate information for registration and, where such information changes over time, update such information (to the extent possible: online) without undue delay. The user shall ensure that the e-mail address supplied to DQS-HK is an address at which the user can be contacted.

3.3

Upon registration the user will be provided with a user ID and a password (“user data”). The user data allows the user to view their data, download files or documents, and to change their user data.

3.4

The user shall ensure that user data is not accessible by third parties and is liable for all transactions and other activities carried out under its user data. At the end of each online session, the user shall log-off from the password protected website. If and to the extent the user becomes aware that third parties are misusing its user data the user shall notify DQS-HK thereof without undue delay in writing and, as the case may be, by e-mail in advance.

3.5

After receipt of the notice under paragraph 3.4, DQS-HK will deny access to the password-protected area under such user data. Access by the user will only be possible again upon the user’s application to DQS-HK.

3.6

The user may at any time cancel their registration by signing out of the User Center, either online or in writing. In such event DQS-HK will remove all user data and other stored personally identifiable data of the user as soon as these data are no longer needed.

4. Rights of use to information, data files and documents
4.1

The use of any information, data files and documentation made available on or via the DQS-HK website, User Center or MyDQS.HK is subject to these terms of use.
DQS-HK operates a secure web portal on its website, which may allows access to assessment results, if provided, and various other information. Customers may only enter this web portal after having received authorization (log-in data and password) and submitting electronic or written consent.

4.2

DQS-HK grants user a non-exclusive and non-transferable license to use the information, data files and documentation made available to the extent agreed, or in the event of no such agreement, to the extent of the purpose intended by DQS-HK in making same available.

5. Duties of the user
5.1

In accessing or using the DQS-HK website, the User Center or MyDQS.HK, the user shall not:
harm other persons, in particular minors, or infringe their personal rights;
breach public morality in its manner of use;
violate any intellectual property right or any other proprietary right;
upload any contents containing a virus, so-called Trojan Horse, or any other program that could damage data;
transmit, store or upload hyperlinks or contents to which the user is not entitled, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or unlawful; or
distribute advertising or unsolicited e-mails (so-called “spam”) or
inaccurate warnings of viruses, defects or similar material and the user shall not solicit or request the participation in any lottery, snowball system, chain letter, pyramid game or similar activity.

5.2

DQS-HK may cancel registration or deny access to the web portals at any time if the user breaches any obligation arising from these terms of use.

6. Hyperlinks

The DQS-HK website and MyDQS.HK may contain hyperlinks to the web pages of third parties. DQS-HK shall have no liability for the contents of such web pages and does not make representations about or endorse such web pages or their contents as its own, as DQS-HK does not control the information on such web pages and is not responsible for the contents and information given thereon. The use of such web pages shall be at the sole risk of the user.

7. Liability for defects of title or quality

Insofar as any information, data files or documentation is made available at no cost, any liability for defects as to quality or title of the information, data files and documentation especially in relation to the correctness or absence of defects or the absence of claims or third party rights or in relation to completeness and/or fitness for purpose are excluded except for cases involving willful misconduct or fraud. The product/service related contents, prices, dates, or terms posted at the website are for reference only, which are subject to confirmation in writing by DQS-HK.

8. Other liability, viruses
8.1

The liability of DQS-HK for defects in relation to quality and title shall be determined in accordance with the provisions of clause 7 of these terms of use. Any further liability of DQS-HK is excluded unless required by law, e.g. under the Act on Product Liability or in cases of willful misconduct, gross negligence, personal injury or death, failure to meet guaranteed characteristics, fraudulent concealment of a defect or in case of breach of fundamental contractual obligations. The damages in case of breach of fundamental contractual obligations are limited to the contract-typical, foreseeable damage if there is no willful misconduct or gross negligence.

8.2

Although DQS-HK makes every endeavor to keep its website and MyDQS.HK free from viruses, trojan horses and other harmful pro-active systems, DQS-HK cannot make any guarantee that it is virus-free. The user shall, for their own protection and in order to keep the DQS-HK website virus-free, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any information, data files or documentation.

8.3

Clauses 8.1 and 8.2 do not intend nor imply any changes to the burden of proof to the user’s disadvantage.

9. Privacy Policy
9.1

For collection, use and processing of personally identifiable data of the user, DQS-HK shall comply with applicable laws in Hong Kong on data privacy protection. By submitting the data, user agrees to have their data processed electronically. Users may rescind their acceptance at any time, but not retroactively. Upon advance written or electronic notification, users are also authorized to review the content and extent of their own data stored by DQS-HK. For more details please refer to the Privacy Policy at the website.

9.2

DQS-HK would like to point out that the internet is a public communication system and as such subject to new security gaps at any time. In spite of state-of-the-art technology DQS-HK does not and can not know about these gaps beforehand. After cognizance and review of security gaps, DQS-HK will initiate defensive measures as required.

10. Supplementary agreements, place of jurisdiction, applicable law
10.1

Any supplementary agreement requires the written form.

10.2

The place of jurisdiction shall be Hong Kong.

10.3

The individual pages of MyDQS.HK are operated and administered by DQS-HK in accordance with laws in Hong Kong. If user accesses the DQS-HK website from outside HK, they are exclusively responsible for compliance with all applicable local laws. Access to information, data files and/or documentation from countries where such content is unlawful is prohibited. In this case and where user seeks to do business with DQS-HK, the user should contact DQS-HK.